Caroline Overington | June 04, 2009
FATHERS are among the key groups complaining about the Howard government's shared parenting laws, with many saying the amendments have failed to deliver a 50-50 time split with their children.
A summary of complaints about the law says fathers are bombarding the new Family Relationship Centres, where all separating couples must go before they approach the Family Court, demanding to know why they have not been able to get equal time with their children. As a result, staff at the relationship centres are spending "considerable interview time reducing fathers' expectations, and explaining complex legislation" that never guaranteed an equal split, but was widely thought to have done so.
The summary of complaints also says a cohort of "difficult clients" has re-emerged since the laws were introduced in 2006 and that "complaints about the family law system are increasing because complainants have a new target: the Family Relationship Centres, as well as lawyers, courts, counter staff, legal aid and the Child Support Agency."
There has also been an increase in "relocation" disputes, where one parent wants to leave with the children, and the other wants to maintain a relationship with the children. A major review of the shared parenting laws is being conducted by the Australian Institute of Family Studies, and by the UNSW Social Policy Research Centre.
Federal Attorney-General Robert McClelland is waiting for results of these studies before deciding whether changes to the existing law need to be made, or whether a new amendment is needed. The amendment to the Family Law Act was designed to ensure that children had access to both parents after divorce, but is generating complaints from Family Court lawyers and judges and others.
But Wayne Butler, secretary of the Shared Parenting Council, said there was a great anxiety among fathers that the laws would be repealed because they were "an incredible improvement on where we were prior to the amendment".
"The vast majority of cases are being settled well before they get to the Family Court for a determination. People don't read about the thousands of cases that are being settled amicably."
Family Law Council president John Wade this week provided The Australian with a three-page summary of the type of complaints being received by those in the front line of family law.
The summary says "confusing gossip" about the legislation has encouraged fathers to begin negotiations with a claim for a 50-50 time split.
In fact, the laws protect a child's right to a "meaningful" relationship with both parents, that involves "significant" time. It isn't entirely clear what those terms mean and fathers often do not get anywhere near 50-50 time with their children, leaving them feeling cheated.
There are also complaints from mothers who believe the new laws prevent them from moving away from bitter ex-partners, or believe the laws will be used to rupture a settled custody arrangement, or force children to see a violent parent.
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